eLearning terms and conditions

Website terms and conditions

(1) Introduction and DefinitionsThese terms and conditions (the "Terms") govern your use of the RNIB Learning Choices training website (the "Website"). Please read these Terms carefully. If you proceed to use this Website you acknowledge that you have read, understood and agree to be bound by these Terms. Do not use the Website if you do not agree to the Terms. We may change the Terms from time to time without notice and all changes will be effective when posted on the Website. It is your responsibility to review the Terms periodically as they are binding on you.

This Website is owned and operated by [RNIB, 105 Judd Street London, WC1H 9NE (“RNIB”, or otherwise referred to as "us", "we" or "our"). The Website offers Registered Users access to the Materials.

The Terms apply to all users of the website and all Registered Users where applicable ("you").

Access to our Website is provided on a temporary basis, and we reserve the right to withdraw or amend the service on our Website without notice (see Website Availability below). We will not be liable if for any reason our Website is unavailable at any time or for any period.

The Registered User for any Account is entirely liable for all activities conducted through that Account.

Definitions:

“Account” means the account registered to any Registered User pursuant to the registration procedures for the Website;

“Materials” means all information, documents, products, training materials, e-learning aids, resources and other content owned or licensed by RNIB and made available to the Registered User under a subscription through the Website. Descriptions of the Materials can be found on the RNIB Course Catalogue web page.

"Registered Users" means users of the Website who have subscribed to use the Materials by paying the Subscription Fee and who have created an Account pursuant to the registration procedures for the Website;

"RNIB" means The Royal National Institute of Blind People;

"Subscription Fee" means the fee payable by a Registered User in order to access and use the Materials for the Term;

"Term" means 12 months from the day on which the Registered User's subscription starts;

"Terms" means the terms and conditions in this Agreement; and

"Website" means this RNIB Learning Choices training website and the web pages that are linked from this training website and are specific to providing more detail on the RNIB Learning Choices training programmes.

"RNIB" means RNIB Charity, a charity registered under number 1156629 and SCO44876 in Scotland. It is a company incorporated in England and Wales, company number 8971500 with its registered offices at 105 Judd Street, London WC1H 9NE. Our VAT number is GB 524 4558 45;

(2) Minimum System Requirements The Website and Materials will only be compatible with the web browsers listed below depending on the software used to access them. Members are required to have an installed working copy of one of the following:

IE9+ or Firefox 30+ for PCs;VoiceOver for iOs 7+ on Apple devices; orKitKat+ for devices with Android operating systems.

(3) Your Account

You are required to register with RNIB when subscribing to use the Materials through the Website. You agree to submit true, accurate, current and complete data in order for RNIB to process your subscription, as prompted by the Website's registration form, and to maintain and promptly update such information to keep it true, accurate, current and complete.

Upon registration, you will receive an email confirming your Account designation and will be granted a unique user ID and password which is used to gain access to the Materials. Under no circumstances whatsoever may any Registered User share or distribute their user ID or password to any third parties. You agree to keep this password confidential. You will be responsible for all activities that occur or are submitted under your password.

You agree to notify RNIB immediately by email [email protected] of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your username and/or password. You shall be responsible for maintaining the confidentiality of your password. Any breach of this provision will result in the immediate suspension of your Account.

Any fraudulent, abusive, or otherwise illegal activity conducted under your Account may be grounds for termination of your Account, at RNIB’s sole discretion. If RNIB has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your Account.

RNIB may disable your user ID and password at its sole discretion or if you breach any of the policies or Terms governing your use of the Website or any other contractual obligation you owe to RNIB.

Registered Users' data will be stored and processed by RNIB. Using the password selected upon registration, you can retrieve and alter your data at any time. RNIB recommends that you check and update your data regularly.

RNIB keeps this data secure and treats it confidentially in accordance with the relevant clauses in these Terms and the Privacy Policy (see Data Protection and Using Stored Data at clause (13) below).

(4) Payment Terms

In consideration for your subscription to use the Materials, you agree to pay the Subscription Fee connected with the specific module to which you choose to subscribe as detailed on the Website.

The prices on the Website are inclusive of VAT. Prices may change from time to time, but changes will not affect subscriptions that are active until the end of the Term.

You can select your online payment method. Available payment methods are UK Domestic Maestro, Visa Debit, Visa Electron, Mastercard Debit, International Maestro, Visa Credit and Mastercard Credit . Purchase prices are net prices on the date of the subscription request and are payable without deduction.

Unless otherwise stated on the Website and subject to these Terms, payment of the Subscription Fee will entitle the Registered User to access the Materials for 12 months (the "Term"). RNIB may advise you towards the end of the Term that your subscription and rights of access are coming to an end. You can request to renew your subscription at the expiry of this Term, but any renewal is at RNIB's sole discretion.

(5) Refunds PolicyCustomer Support must receive all requests for refunds via email [email protected] within 7 working days of the day of purchase.

Refunds will only be considered for accounts that have not been utilised whatsoever. Access to the Materials through your Account will be available immediately upon confirmation of your subscription and you acknowledge and agree that you will lose any right to a refund if you use your Account. All refunds will be at the discretion of RNIB.

Refunds will not be considered for:

Slow performance: RNIB have no control over internet bandwidth, which can affect performance, causing brief delays in the download speeds of the Materials and display of the HTML pages;

Technical problems which are the result of the Registered User's failure to install the recommended software as per clause (2) (Minimum System Requirements);

Accounts that have been utilised in any way; or

Cancelled or terminated memberships.

Where a request for a refund relates to the Registered User's inability to access the Materials, Customer Support must receive written notification of the problem and be given the opportunity to remedy the problem remotely. Where no such remedy is available within a reasonable time, a refund, replacement subscription or adjustment will be considered.

(6) Licence to use the MaterialsUpon payment of the Subscription Fee, RNIB grants all Registered Users a personal, non-exclusive, non-assignable, and non-sub-licensable license to use the Materials offered by the Website on any machine(s) of which you are the primary user for the Permitted Use. Any attempt to sublicense, transfer, sell, loan, or assign the license may result in its immediate termination.

Permitted UseYou may view, download and print Materials from the Website solely for your own personal, non-commercial use, subject to the restrictions below.

You must not:(a) republish the Material or any other materials from this Website (including republication on another website);(b) sell, rent or otherwise sub-license the Materials or any other materials from this Website;(c) reproduce, duplicate, copy or otherwise exploit the Materials or any other materials from this Website for a commercial purpose;(d) edit or otherwise modify any Materials or any other materials from this Website; or(e) redistribute the Materials or any other materials from this Website.The permission to use the Materials terminates automatically without notice if you breach any of the Terms.

(7) General RestrictionsYou agree to use this Website only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this Website by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, fraudulent or which may harass or cause distress or inconvenience to any person. You also agree that you shall not make any use of the Website such that the whole or part of the Website is interrupted, damaged, rendered less efficient, or the effectiveness or functionally of the Website is in any way impaired.

(8) Website AvailabilityWhile RNIB endeavours to ensure that the Website and the Materials are available 24 hours a day, RNIB shall not be liable if for any reason the Website or the Materials are unavailable at any time or for any period. Access to the Website and the Materials may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the control of RNIB.

Your access to the Website and the Materials, your ability to participate in all or certain parts of the Website and the Materials and/or your registration may be terminated by RNIB at any time without notice and without any liability. Any limitations on RNIB's liability will survive such termination. RNIB reserves the right to restrict access to the Website (in whole or part) at its discretion.

RNIB will endeavour to provide reasonable notice on the Website if a substantial part of the Website will not be available for any substantial period of time, including if RNIB chooses to suspend or withdraw access the Website, Registered Users' Accounts and/or the Materials.

(9) Supply of MaterialsDisclaimer of Warranty

Whilst RNIB takes every reasonable care to publish accurate information on this Website and in the Materials, such information from time to time may be out of date or include omissions, inaccuracies or other errors.

Unless otherwise explicitly stated, the Materials on the Website are provided "as is", and are for Registered Users’ use only, and all express or implied conditions, representations and warranties, (including, without limitation, any implied warranty for non-infringement, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) are disclaimed, to the extent permissible by law. RNIB makes no representations, warranties or guarantees as to the quality, suitability, truth, accuracy or completeness of any of the Materials contained on the Website.

RNIB may update the Materials from time to time and without notice and Registered Users should check the Materials regularly for such updated content.

For the avoidance of doubt, RNIB does not warrant that the Materials will be kept up to date, nor does RNIB commit to ensuring that the Website remains available. RNIB cannot guarantee uninterrupted access to this Website.

While RNIB will use reasonable endeavours to ensure that access to the Website and use of the Materials is free from computer viruses, RNIB does not warrant that such use and access will be virus free. It is the Registered User's responsibility to maintain adequate anti-viral software when using the Website and the Materials.

The disclaimer of warranty contained in this section applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, [theft or destruction or unauthorised access to, alteration of, or use of an Account, whether for breach of contract, negligence, or under any other cause of action.

(10) Limitation of LiabilityEach Registered User expressly agrees that use of the Website is at his or her sole risk. RNIB’s liability is excluded to the maximum extent permitted under applicable law and in all other cases is limited to the

Subscription Fee paid by the Registered User to the extent permitted by law.

RNIB will not be liable for any direct or indirect loss or damage arising under these Terms or in connection with its Website and the Materials, whether arising in tort, contract, or otherwise. Without limiting the generality of the foregoing exclusion, RNIB will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with the Website, whether direct or indirect, punitive, special, incidental, or consequential and whether arising in tort, contract, or otherwise, even if RNIB has been previously advised of the possibility of such damages.

However, nothing in these terms and conditions shall exclude or limit RNIB’s liability for fraud, for death or personal injury caused by its negligence, or for any other liability which cannot be excluded or limited under applicable law.

You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website. RNIB cannot accept any responsibility for any loss, disruption or damage to your data or your computer system that may occur while using Material derived from this Website.

(11) Intellectual Property RightsUnless otherwise stated, RNIB or its licensors own the intellectual property rights in the Website and the Materials. Subject to the licence above, all these intellectual property rights are reserved, and you acknowledge that in using the Website and the Materials you acquire no proprietary rights or intellectual property rights in the Materials as they are received, nor do you acquire any intellectual property rights that may subsist in compilations of the Materials that you may make.

All trademarks and service marks, all product, services or company names or logos on this Website may be the trademarks or registered trademarks of their respective owners or holders, and may otherwise be protected by other intellectual property rights. Copying and using these trade or service marks, names or logos is not permitted without the prior approval of the relevant owner. Use of the Materials and the Website otherwise than in accordance with these Terms will expose you to claims for infringement of the intellectual property rights of RNIB and/or of third parties.

(12) Linking to the siteYou may link to the Website provided you do so in a way that is fair and legal and does not damage the reputation of RNIB or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement from RNIB.

RNIB reserves the right to withdraw linking permission without notice.

(13) Data Protection and Using Stored Data RNIB is fully aware of the importance of data protection and confidential handling of the information you provide via the internet. We take the privacy of the information and personal data you send us seriously. For all personal data we are sent during registration, in particular payment information, we use secured coding for security.

RNIB complies with the statutory requirements of the Data Protection Act 1998 and all other applicable data protection legislation.

Information about the way RNIB collects and stores the personal data required for handling orders and its scope and purpose is provided in our Privacy Policy.

(14) Variation RNIB may make improvements and/or changes to the Materials and the Website (including the Terms) at any time without notice.

(15) SeverabilityIf any provision of the Terms is deemed unlawful, void or for any other reason unenforceable then that provision shall be deemed severed from the Terms and shall not affect the validity and enforceability of any remaining provisions.

(16) No waiver of rightsRNIB's failure to exercise or enforce any rights or any provision of the Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by RNIB in writing.

(17) Entire agreementThese Terms together with RNIB’s privacy policy and cookie policy, constitute the entire understanding relating to the use of the Website and supersede all previous agreements in respect of your use of this Website.

(18) Law and jurisdictionThese terms and conditions will be governed by and construed in accordance with laws of England and Wales, and any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

(19) Our contact detailsYou can contact RNIB by email with your questions and comments about the Website using the following address: [email protected].